CHARTER OF THE TOWN OF ALTAMONT, TENNESSEE 1 CHAPTER NO HOUSE BILL NO (By Mr. Norvell.)

Transcription

1 C-1 CHARTER OF THE TOWN OF ALTAMONT, TENNESSEE 1 CHAPTER NO HOUSE BILL NO (By Mr. Norvell.) AN ACT to incorporate the town of Altamont, in the County of Grundy, and State of Tennessee, and to provide for the election of officers thereof and prescribe their duties; to define the corporate limits and prescribe the powers and duties of said municipal corporation; to provide for the raising of the revenue for the support of said incorporated town and for other purposes. CHARTER TABLE OF CONTENTS ARTICLE PAGE I. CORPORATE CAPACITY... C-2 II. POWERS... C-3 III. ELECTIONS... C-7 IV. TOWN COUNCIL... C-7 1 Priv. Acts 1917, ch. 664, is the current basic charter act for the Town of Altamont, Tennessee. The text of the basic charter act set out herein includes all its amendments through the 2018 session of the Tennessee General Assembly. Sections of the charter which have been amended contain at the end of those sections the citation to the official private act or acts constituting the amendment or amendments. No other changes have been made to the charter except the addition of a table of contents to facilitate its use. A list of all the private acts including the basic charter appears at the end of the charter. Acts which did not expressly or in effect amend any particular section or part of the basic charter, but which supplemented it, have been placed after the basic charter act as "Related Private Acts." Acts of a temporary nature with no general or continuing application, such as bond authorization and validation acts have not been included in this compilation.

2 C-2 ARTICLE PAGE V. TOWN ATTORNEY... C-13 VI. RECORDER... C-14 VII. ADMINISTRATION... C-15 VIII. FINANCE... C-15 IX. TAXATION... C-17 X. TOWN COURT... C-18 XI. MISCELLANEOUS AND TRANSITIONAL PROVISIONS... C-19 ARTICLE I CORPORATE CAPACITY Section 1. Incorporation. That the Town of Altamont, in the County of Grundy, and the inhabitants thereof, are hereby constituted a body politic and corporate, under the name of the Town of Altamont and shall have perpetual succession as a municipal corporation, and by the corporate name may sue and be sued; grant, receive and purchase and hold real estate, mixed and personal property, and dispose of the same for the use and benefit of the Town of Altamont, and may have and use a common seal and alter the same. Section 2. Boundaries. The boundaries of Altamont located in the First Civil District of Grundy County, Tennessee as fixed in Chapter 664 of the Private Acts of 1917, shall embrace the territory within the following boundaries: "Beginning at the southwest corner of the pasture fence lately built and owned by T.B. and Jas. H. Northcut, said beginning corner being in what is known as the 'Sandy Flat' and on the east side of the main Altamont and Tracy road about one-half mile south of the Altamont Court House; running then in a northeasterly direction to what is known as the 'Franklin Pond' on the Gretter road; then northwardly to the stone bridge across Piney Creek and on the Altamont and Beersheba Springs road; thence with the Northcuts Cave road to the northeast corner of the old McClure place and to include same and the Altamont graveyard; thence in a southwestwardly direction to the northwest corner of the Oak Hill tract of land; then south to the Pelham and Altamont public road; thence southeast to the beginning," and any annexations or contractions of

3 C-3 territory made pursuant to law. [As amended by Priv. Acts 1990, ch. 186, 1; and Priv. Acts 2014, ch. 75] ARTICLE II POWERS to: Section 1. Powers enumerated. The Town Council shall have the power (1) Assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation, and privileges taxable by law for state, county or municipal purposes; (2) Adopt classifications of the subjects and objects of taxation that are not contrary to law; (3) Make special assessments for local improvements; (4) Contract and be contracted with; (5) Incur debts by borrowing money or otherwise, and give any appropriate evidence thereof, in the manner hereinafter provided; (6) Provide for municipal planning and zoning control; (7) Appoint boards, commissions and committees not in conflict with any provision of this charter or of state law; (8) Use tax incentives authorized by state law to promote economic and community development; (9) Issue and give, sell, pledge or in any manner dispose of, negotiable or nonnegotiable interest-bearing or noninterest-bearing bonds in accordance with Tennessee Code Annotated, Title 9, Chapter 21, warrants, promissory notes or orders of the municipality, upon the credit of the municipality or solely upon the credit of specific property owned by the municipality or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the municipality, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two (2) or more such credits; (10) Expend the money of the municipality for all lawful purposes; (11) Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the municipality or state; (12) Condemn property, real or personal, or any easement, interest, or estate or use therein, either within or without the municipality, for present or future public use; the condemnation shall be effected in accordance with the terms and provisions of Tennessee Code Annotated, Title 29, Chapter 16, or in any other manner provided by law; (13) Take and hold property within or without the municipality or state upon trust; and administer trusts for the public benefit;

4 C-4 (14) Acquire, construct, own, operate, and maintain, or sell, lease, mortgage, pledge or otherwise dispose of public utilities or any estate or interest therein, or any other utility of service to the municipality, its inhabitants, or any part thereof, and, further, may issue debt for these purposes in accordance with state law; (15) Grant to any person, firm, association or corporation, including the municipality, franchises for public utilities and public services to be furnished the municipality and those therein. The power to grant franchises embraces the power to grant exclusive franchises. Whenever an exclusive franchise is granted, it shall be exclusive not only as against any other person, firm, association, or corporation, but also against the municipality itself. Franchises may be granted for a period of twenty-five (25) years or less, but not longer. The council may prescribe in each grant of a franchise, the rate, fares, charges and regulations that may be made by the grantee of the franchise in accordance with state and federal law. Franchises may, by their terms, apply to the territory within the corporate limits of the municipality at the date of the franchises, and as the corporate limits may be enlarged, and to the existing streets, alleys and thoroughfares that thereafter may be opened; (16) Make contracts with any person, firm, association or corporation for public utilities, public services to be furnished the municipality and those therein. The power to make contracts embraces the power to make exclusive contracts. When an exclusive contract is entered into, it shall be exclusive against any other person, firm, association or corporation. These contracts may be entered into for a period of twenty-five (25) years or less, but not longer. The council may prescribe in each such contract entered into, the rates, fares, charges, and regulations that may be made by the person, firm, association or corporation with whom the contract is made in accordance with state and federal law. Such contracts may, by their terms, apply to the territory within the corporate limits of the municipality at the date of the contract, and as the corporate limits may be enlarged, and to the then-existing streets, alleys and thoroughfares and to any other streets, alleys and other thoroughfares that thereafter may be opened; (17) Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation and service of public utilities, compel reasonable extensions of facilities for these services, and assess fees for the use of or impact upon these services. Nothing herein shall be construed to permit the alteration or impairment of any of the terms or provisions of any exclusive franchise granted, or of any exclusive contract entered into under subdivisions (15) and (16); (18) Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards, parkways, sidewalks, alleys,

5 C-5 parks, public grounds, public facilities, libraries and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains within or without the corporate limits, regulate their use within the corporate limits, assess fees for the use of or impact upon such property and facilities, and take and appropriate property therefore under the provisions of state law or any other manner provided by general law; (19) Construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and assess a portion of the cost of these improvements on the property abutting on or adjacent to these streets, highways or alleys under, and as provided by, state law or any other manner provided by general law; (20) Assess against abutting property within the corporate limits the cost of planting shade trees, removing from sidewalks all accumulations of snow; ice, and earth, cutting and removing obnoxious weeds and rubbish, street lighting, street sweeping, street sprinkling, street flushing, and street oiling, the cleaning and rendering sanitary or removal, abolishing, and prohibiting of unsanitary conditions, in such manner as may be provided by general law or by ordinance of the council; (21) Acquire, purchase, provide for, construct, regulate and maintain and do all things relating to all marketplaces, public buildings, bridges, sewers and other structures, works and improvements; (22) Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste, or license and regulate their collection and disposal. The cost of collection, regulation, or disposal may be funded by taxation, special assessment to the property owner, user fees or other charges; (23) License and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession or trade not prohibited by law; (24) Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege or calling not prohibited by law; (25) Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, business, occupations, callings, trades, use of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers; (26) Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained; (27) Regulate the location, bulk, occupancy, area, lot, location, height, construction and materials of all buildings and structures in accordance with general law, and inspect all buildings, lands and places as to their

6 C-6 condition for health, cleanliness and safety, and when necessary, prevent their use and require any alteration or changes necessary to make them healthful, clean or safe; (28) Provide and maintain charitable, educational, recreative, curative, corrective, detentive, or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services; (29) (A) Enforce any ordinance, rule or regulation by fines, forfeitures, and penalties, and by other actions or proceedings in any court of competent jurisdiction; (B) No fine may exceed fifty dollars ($50.00) or the maximum allowable under general law, whichever is greater, for violation of municipal ordinances; (30) Regulate, tax, license or suppress the keeping or going at large of animals within the municipality, impound them, and in default of redemption, sell or dispose of them in accordance with the general law and state regulations; (31) Call elections as herein provided; (32) By ordinance, assess, impose, levy and collect impact fees from new land developments within the municipal limits, provided that the impact fees are limited to the reasonably anticipated costs of public improvements generated by such developments, and provided that the impact fee system and formula is prescribed by ordinance; (33) To make regulations to secure the general health, safety and welfare of the inhabitants, and to require the owners of property to keep, maintain and repair their property in a manner both safe and conducive to the good health, safety and welfare of the citizens of the town. For that purpose the town shall have the right to adopt ordinances requiring property owners to repair, close or demolish unsafe and unhealthy structures on their property at their expense and to adopt ordinances requiring property owners to remove, at their expense, unsafe and unhealthy man-made and natural material from their property, including junk motorized and non-motorized vehicles of every kind and description, debris, trash, litter and garbage, and growth of vegetation, including weeds, trees, vines, grass, and underbrush. Upon the failure or refusal of any property owner to comply with such ordinances to repair, close or demolish such structures, or to remove from the property such man-made and natural material, the result of which requires the town to bear the expense of such work, the town shall file notice of the town's expense with the register of deeds in the county where the property lies, which notice of the town's expense shall be a lien on the property in favor of the town, second only to liens of the state, county and city for property taxes, any lien of the town, for special assessments, and any valid lien, right or interest in such property duly recorded or perfected prior to the filing of

7 C-7 such notice. The expenses shall be collected by the town's tax collector at the same time and in the same manner as property taxes are collected; (34) Borrow money to purchase, acquire, construct, extend, improve, repair or equip any such system and issue its bonds or notes therefor, including refunding bonds, in such form and upon such terms as it may determine. Any such bonds or notes shall be issued pursuant to and governed by the procedures set forth in Tennessee Code Annotated, Title 9, Chapter 21, including provisions dealing with covenants permitted in bond resolutions, security and remedies of bondholders, and the system described in this subdivision shall be deemed to be a "public works project," as defined in title 9, chapter 21; and (35) Have and exercise all powers that now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though these powers were specifically enumerated. [As amended by Priv. Acts 2014, ch. 75] ARTICLE III ELECTIONS Section 1. Date of general town election. A general town election shall be held on the first Tuesday after the first Monday beginning in November 2012, and each even numbered year thereafter. Section 2. General election laws apply. All elections shall be conducted by the Commissioners of Elections of Grundy County, in accordance with the general election laws of the State and this Charter. Section 3. Voter qualification requirements. Any person who is a resident of the Town of Altamont and qualified to vote for members of the General Assembly and other civil officers for Grundy County shall be entitled to vote in elections for Mayor and Councilmen. The same qualifications for voting in all other town elections or referenda shall apply unless otherwise provided by law. [As replaced by Priv. Acts 1990, ch. 186, 2, and Priv. Acts 2010, ch. 44, 1; and amended by Priv. Acts 2014, ch. 75] ARTICLE IV TOWN COUNCIL Section 1. Composition, eligibility, election, terms, and re-election. (a) Composition. There shall be a Town Council composed of the Mayor and four (4) Councilmen. (b) Eligibility. Only registered voters for the town who will be at least twenty-one (21) years of age prior to taking office, who are bona

8 C-8 fide citizens, and residents of the town for at least twelve (12) months prior to the election shall be eligible to seek and hold the office of Councilman or Mayor. (c) Election and Terms. Beginning at the general town election to be held on the first Tuesday after the first Monday of November 2014, the candidate for town mayor receiving the highest number of votes will be elected to serve a term of two (2) years until their successor is elected at the general town election to be held on the first Tuesday after the first Monday of November 2016, and every two (2) years thereafter. The two (2) candidates for town councilman receiving the highest number of votes shall be elected to serve a term of four (4) years until their successors are elected at the general town election to be held on the first Tuesday after the first Monday of November In addition, at the general town election held on the first Tuesday after the first Monday of November 2014 the two (2) candidates for town councilman receiving the third and fourth highest number of votes shall be elected to serve a term of two (2) years until their successors are elected to a four (4) year term on the first Tuesday following the first Monday of November The terms of the Mayor shall be two (2) years and all Councilmen shall be four (4) years and until their successors shall be elected, qualified and take their oath of office at the first council meeting following the election. The Mayor and any Councilman shall be eligible for re-election. Section 2. Compensation; expenses. Until otherwise established by ordinance by the Town Council, the Mayor and Councilmen shall receive compensation in the amount of two hundred fifty dollars ($250) per month for the Mayor and one hundred fifty dollars ($150) per month for each councilman. Any ordinance increasing salaries must be preceded by public notice of intent to adopt and must receive final approval ninety (90) days prior to the next general town election and shall become effective only for those officials elected at the next general town election and for the remaining officials elected two (2) years later. The Town Council may receive their actual and necessary expenses incurred in the performance of their duties of office, if authorized by ordinance. Section 3. Mayor duties. The Mayor: (1) Shall be the chief executive officer of the municipality and shall preside at meetings of the council; (2) Shall communicate any information needed, and recommend measures the mayor deems expedient, to the council; (3) (A) May call special meetings of the council upon adequate notice to the council and adequate public notice;

9 C-9 (B) Shall state the matters to be considered at the special meeting, and the action of the council shall be limited to those matters submitted; (4) Shall countersign checks and drafts drawn upon the treasury by the treasurer and sign all contracts to which the municipality is a party unless this duty has been assigned to some other officer of the town by the council; (5) As a member of the council, shall not make motions and shall have a vote only in the case of a tie; (6) Shall make appointments to boards and commissions as authorized by law. As the chief administrator for the town, the mayor's duties shall also include the following: (A) See that the laws and ordinances are enforced, and upon knowledge or information of any violation thereof, see that prosecutions are instituted in the town court; (B) Unless otherwise provided by ordinance, employ, promote, discipline, suspend and discharge all employees and department heads, in accordance with personnel policies and procedures, if any, adopted by the council; (C) Supervise and control the work of the recorder, the chief of police, the town attorney, treasurer, and all other officers, and of all departments and divisions created by this charter or that hereafter may be created by the town council; (D) Act as purchasing agent for the municipality in the purchase of all materials, supplies and equipment for the proper conduct of the municipality's business; provided, that all purchases shall be made in accordance with policies, practices and procedures established by the council, in accordance with state law; (E) Prepare and submit the annual budget and capital program to the Council for their adoption by ordinance; (F) Make recommendations to the council for improving the quality and quantity of public services to be rendered by the officers and employees to the inhabitants of the town; (G) Keep the council fully advised as to the conditions and needs of the town; (H) Report to the council on the condition of all property, real and personal, owned by the town and recommend repairs or replacements as needed; (I) Recommend to the council and suggest the priority of programs or projects involving public works or public improvements that should be undertaken by the town; (J) Recommend specific personnel positions, as may be required for the needs and operations of the town, and propose personnel policies and procedures for approval of the council as needed; and

10 C-10 (K) Perform such other duties as may, from time to time, be designated or required by the council. (7) Nothing in this charter or in any personnel policies and procedures adopted by the Council shall be construed as granting a property interest to employees or department heads in their continued employment, and all such employees and department heads shall serve at the pleasure of the Mayor or any other city official who is authorized by the charter to exercise the personnel powers of the Mayor contained in Article IV Section (3). Section 4. Vice-mayor. (a) Upon adoption of this private act and at the first regular meeting following each regular town election, the Town Council shall elect a member of the Council to the office of Vice-mayor who shall serve as Mayor when the Mayor is absent or unable to discharge the duties of the Mayor's office. In case of a vacancy in the office of Mayor, the Vice-mayor shall server as Mayor for the remainder of the unexpired term. (b) If the Vice-mayor fills a vacancy in the office of Mayor, a majority of the remaining members of the Council shall fill the resulting vacancy in the office of councilman as provided in Article IV, Section 6(c). (c) In the absence of the Mayor and Vice-mayor, the Town Council shall designate one (1) of its number to preside at meetings, who shall retain all of the voting rights of a councilman. Section 5. Prohibitions. Holding Other Office. No member of the Town Council shall hold any other town, county, state or federal elected office during the term for which he is elected to the Town Council. No member of the Town Council shall hold any compensated appointive office or employment with the town until after the expiration of the term for which elected or appointed to the Town Council. Nothing in this section shall be construed to prohibit the Town Council from selecting any current or former member of the Town Council to represent the town on the governing board of any regional or other intergovernmental agency. Section 6. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of Mayor or Councilman shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. The Mayor or Councilman shall forfeit that office if the Mayor or Councilman:

11 C-11 (1) Lacks, at any time during the term of office for which elected, any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a state or federal felony, appeals notwithstanding; (4) Fails to attend three (3) consecutive regular meetings of the Town Council without being excused by the Town Council; or (5) Fails to maintain a bona fide residence within the town. (c) Filling of Vacancies. A vacancy in the Office of Mayor shall be filled as provided in Section 4 of this Article. A vacancy in the Office of Councilman shall be filled until the next regular town election by a majority vote of all of the remaining members of the Town Council, at which election the balance of the term for that Office of Councilman shall be filled. If the Town Council fails to fill the vacancy within sixty (60) days following the occurrence of the vacancy, the Mayor shall fill the vacancy. If the Mayor fails to fill the vacancy within sixty (60) days, either the Mayor or any two (2) Councilmembers shall notify the Grundy County Election Commission, who shall call a special election to fill the vacancy for the unexpired term. A special election shall be held not sooner than seventy-five (75) days and not later than eighty (80) days thereafter, and shall be governed by the general election laws of the state, except that no special election shall be held within one hundred eighty (180) days of the next regular election. Section 7. Investigations. The Town Council may make investigations into the affairs of the town and the conduct of any town department, office or agency and, for this purpose, may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Section 8. Time and place of meetings. The Town Council shall, by ordinance, fix the time and place at which the regular meetings of the Town Council shall be held. Until otherwise provided by ordinance, the regular meeting of the Town Council shall be held at 6:00 P.M. Central Standard Time and, when appropriate, at 7:00 P.M. Daylight Savings Time on the first Tuesday of each month. When such day falls on a legal holiday, the meeting shall he on the next following day unless otherwise prescribed by the Town Council. Whenever, in the opinion of the Mayor, the Vice-mayor when acting as Mayor, or of any three (3) Councilmembers, the welfare of the town demands it, the Recorder shall call a special meeting of the Town Council by publishing, posting or broadcasting a notice at least twenty-four (24) hours before the meeting. The

12 C-12 notice shall state the matters to be considered at the special meeting and the action of the Council shall be limited to those matters. Section 9. Oath of office. Before entering upon their duties the Mayor and Councilmen, shall, at the first Town Council meeting following the election, each take an oath before someone authorized to administer oaths, to support the Constitution of the United States and of the State of Tennessee and the Charter and Ordinances of the Town of Altamont, and that they will faithfully discharge the duties of their office. Section 10. Quorum. Three (3) members of the Town Council, not including the Mayor, shall constitute a quorum for the transaction of business, but any smaller number may adjourn from day to day. The affirmative vote of a majority of the members of the Town Council present and constituting a quorum, will be necessary to adopt any motion, resolution or ordinance, or to pass any measure. Section 11. Procedure for adopting ordinances. All ordinances shall begin with the clause, "Be it ordained by the Council of the Town of Altamont, Tennessee." An ordinance may be introduced by the Mayor or any of the four (4) Councilmen. The body of ordinances may be omitted from the minutes on first passage, but reference therein shall be made to the ordinance by title and subject matter. Every ordinance shall be passed on two (2) different days, at regular, special or adjourned meetings, with at least fifteen (15) days having elapsed between first and second passage and with at least one (1) passage occurring at a regular meeting. Copies of the text of every ordinance must be made available to the public during every meeting in which the ordinance is subject to passage. Every ordinance must receive at least, a majority vote on each passage as defined in Section 10 of this Article. Every ordinance shall be effective upon final passage unless, by its terms, the effective date is deferred. Every ordinance upon final passage shall be signed by the Mayor, unless vetoed by the Mayor. If the Mayor refuses to approve an ordinance, he shall return the ordinance to the council at its next meeting, with his reasons stated in writing for his refusal, and the ordinance shall not take effect unless the council, by the affirmative vote of three (3) members, shall pass the same, and thereby override the Mayor's veto. Once final passage is affirmed the ordinance shall be signed by the Mayor, immediately taken charge of by the Recorder and numbered, copied in an ordinance book and thereby authenticated by the signature of the Recorder, and filed and preserved in the Recorder's office. Section 12. Legislative action which must be exercised by ordinance. Except as otherwise provided by general law or by this Charter, legislative action of the Town Council shall be by ordinance when granting, renewing or extending public franchises; creating, abolishing or combining departments or

13 C-13 offices; authorizing the borrowing of money; regulating the rate charged for its services by a public utility; fixing fees, service charges and utility rates; levying taxes; providing a fine or other penalty or establishing a rule or regulation for violation of which a fine or other penalty is imposed; or amending or repealing an existing ordinance. Section 13. (a) Appointments and Removals. No member of the Town Council shall in any manner dictate the appointment or removal of any town administrative officer or employee whom the Mayor or any subordinate of the Mayor is empowered to appoint, however members of the Town Council may express their views, and fully and freely discuss with the Mayor anything pertaining to the appointment and removal of such officers and employees. (b) Interference with Administration. Except for the purpose of inquiries and investigations under Article IV, Section 7, the Town Council or its members shall deal with town officers and employees who are subject to the direction and supervision of the Mayor solely through the Mayor, and neither the Town Council nor its members shall give orders to any such officer or employee, either publicly or privately. [As amended by Priv. Acts 2014, ch. 75] ARTICLE V TOWN ATTORNEY Section 1. Qualifications. The Town Attorney shall be an attorney at law and licensed to practice in the courts of the State of Tennessee. Section 2. Appointment, duties, and compensation. The Town Attorney shall be appointed by the Town Council and shall direct the management of all litigation in which the town is a party, including the function of prosecuting attorney in the town court; representing the town in all legal matters and proceedings in which the town is a party or is interested, or in which any of its officers is officially interested; attending all regular Town Council meetings and any other meetings when requested by the Town Council; advising the Town Council, and committees or members thereof, the Mayor, and the heads of all departments and divisions as to all legal questions affecting the town's interests; and approving as to form all contracts, deeds, bonds, ordinances, resolutions and other documents to be signed in the name of or made by or with the town. The town attorney's compensation shall be as fixed by the Town Council and he shall serve at the will of the Town Council. [As amended by Priv. Acts 2014, ch. 75]

14 C-14 ARTICLE VI RECORDER Section 1. Appointment, compensation, anti-specific requirements, powers and duties of office. The Recorder shall be appointed by and shall serve at the will and pleasure of the Town Council. Unless otherwise provided by ordinance, he shall be the Head of the Department of Finance. He shall receive a salary to be fixed by the Town Council and give such bond to the town for not less than fifty thousand dollars ($50,000), or as may be provided by ordinance. The cost of such bond shall be an expense of the town. When required the City attorney shall, by his signature and the town seal, attest instruments signed in the name of the town and official acts of the Mayor. He shall have the power to administer oaths. Section 2. Shall keep minutes. It shall be the duty of the Recorder to be present at all meetings of the Town Council and to keep a full and accurate record of all business transacted by the Council, to be preserved in permanent book form. Section 3. Shall be custodian of public records, bonds, etc. The Recorder shall have custody of and preserve in his office, the town seal, the public records, ordinance books, minutes of the Town Council, contracts, bonds, title deeds, certificates and papers, all official indemnity or security bonds, except his own bond, which shall be in the custody of the Mayor, all other bonds, oaths and affirmations, and all other records, papers and documents not required by this Charter or by ordinance to be deposited elsewhere. The Recorder shall also register them by numbers, dates and contents, and keep an accurate and modern index thereof. Section 4. Shall provide and certify copies of records, papers, etc. The Recorder shall provide and, when required by any officer or person, certify copies of records, papers and documents in his office and charge therefore, for the use of the town, such fees as may be provided by ordinance. The Recorder shall cause copies of ordinances to be printed, as may be directed by the Town Council, and kept in his office for distribution. Section 5. Shall generally supervise and keep records of fiscal affairs. As Head of the Department of Finance, the Recorder shall exercise general supervision over the fiscal affairs of the town, and general accounting supervision over all the town's property, assets and claims. The Recorder shall be the general accountant and auditor of the town and shall have custody of all papers, records and vouchers relating to the fiscal affairs of the town. The records in his office shall show the financial operations and condition, property,

15 C-15 assets, claims and liability of the town, all expenditures authorized, and all contracts in which the town is interested. Section 6. Shall be Treasurer. The Recorder shall be the Treasurer of the town; as such it shall be his duty to collect, receive and receipt for the taxes and all other revenues and bonds of the town, and the proceeds of its bond issues, and to disburse the same. Section 7. Shall perform any other duties imposed. [As amended by Priv. Acts 2014, ch. 75] ARTICLE VII ADMINISTRATION Section 1. Departments, offices, and agencies generally. The Town Council may establish town departments, offices, or agencies in addition to those created by this Charter, and may prescribe the functions of all departments, offices and agencies not inconsistent with this Charter. Departments, offices and agencies created by the town may be abolished or combined. Section 2. Personnel rules. The Town Council shall adopt personnel rules which may include but not be limited to: (1) A job classification plan; (2) A pay plan; and (3) The hours of work, attendance regulations and provisions for sick leave and vacation leave. Section 3. Officers, employees, and others associated with the Town who handle money shall be bonded. Every officer, agent and employee having duties embracing the receipt, disbursement, custody, or handling of money shall, before entering upon his duties, execute a surety bond with some surety company authorized to do business in Tennessee, as surety, in such amount as shall be prescribed by ordinance or by this Charter. All such bonds and sureties shall be subject to the approval of the Town Council, and the Town Council may provide for blanket bonds. The cost of all bonds shall be an expense of the town. [As amended by Priv. Acts 2014, ch. 75] ARTICLE VIII FINANCE Section 1. Fiscal year. The fiscal year of the town shall begin on the first day of July and end on the last day of June.

16 C-16 Section 2. Annual departmental budgets required. The adoption of an annual budget for all departments shall be a prerequisite to the appropriation of money for municipal purposes and the levy of property taxes. Section 3. Town required to prepare and submit annual budget and explanatory message. At least sixty (60) days before the beginning of the fiscal year there shall be prepared and submitted to the Town Council a budget for the ensuing fiscal year and an accompanying message. The message shall explain the budget both in fiscal terms and in terms of work programs. It shall outline the proposed financial policies of the town for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the town's debt position, and include such other materials as deemed desirable. Section 4. Required content and organization of budget. The budget shall provide a complete financial plan of all town funds and activities for the ensuing fiscal year, and, except as required by law or this Charter, shall be in such form as deemed desirable by the Town Council, and shall include a history of the current year estimated and the two (2) prior year actuals. Section 5. Amendments to budget, when budget must be adopted, and effect of adoption. The Town Council shall adopt the budget by ordinance. The Town Council may amend the budget by ordinance, but no amendment shall decrease expenditures required by law for debt service. The budget shall be adopted for the ensuing fiscal year before the end of the current fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. The Town Council shall also adopt an ordinance establishing a property tax levy. Section 6. Supplemental appropriations. If, during the fiscal year, the Head of the Department of Finance certifies that there are available, for appropriation, revenues in excess of those estimated in the budget, the Town Council may, by ordinance, make supplemental appropriations for the year up to the amount of such excess. Section 7. Deficits. If at any time during the fiscal year it appears probable to the Head of the Department of Finance that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Town Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him, and his recommendations as to any other steps to be taken. The Town Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may, by resolution, reduce appropriations.

17 C-17 Section 8. Transfer of unencumbered appropriations. The Town Council may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency at any time during the fiscal year, and the Town Council may, by resolution, transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another. Section 9. Lapsing of appropriations. Every appropriation shall lapse at the end of the fiscal year to the extent that it has not been expended or encumbered. Section 10. Incurrence and discharge of obligations. No payment shall be made, or obligation incurred, against any appropriation unless the Head of the Department of Finance or an officer designated by him first certifies that an appropriation has been made for that purpose and that there is, unexpended and unencumbered in the appropriation for that purpose, an amount sufficient to meet the obligation or to make the expenditure. However, except where prohibited by law, nothing herein shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year. Section 11. Accounting records and audits. There shall be installed and maintained adequate accounting records in accordance with generally accepted principles of municipal accounting. The same account titles shall be used throughout the accounting records, the budget and financial statements. Constant and comprehensive budgetary control shall be maintained. An audit of the financial affairs of the town shall be required by action of the Town Council, and such audit shall be made after the end of each fiscal year by a public accountant skilled in such work. Any taxpayer may file a bill in chancery court to compel the Town Council to have the audit made if such accountant has not been employed within one (1) month after the end of the fiscal year. [As amended by Priv. Acts 2014, ch. 75] ARTICLE IX TAXATION Section 1. Assessment and levy. All property within the town not exempt by general law may be assessed for taxation upon the same principles established in regard to state and county taxation. Section 2. Due and delinquent dates; penalties and interest. Property taxes shall be payable on and after October 1 in the year for which assessed and shall become delinquent on the following March 1. Unless otherwise provided

18 C-18 by ordinance, an interest and penalty of one and one-half of one percent (1-1/2%) per month of the amount of the delinquent taxes shall also be added on the first day of March, in which the taxes become delinquent, and one and one-half of one percent (1-1/2%) shall be added on the first day of each month thereafter. Section 3. Collection of delinquent taxes. The Town Council may provide, by ordinance, for the collection of delinquent real property taxes by the Recorder as provided by general law, or by the Town Attorney acting in accordance with general laws providing for the collection of delinquent town or county taxes. If not otherwise collected, the Town Attorney, or other attorney designated by the Town Council, shall file suit for the collection of all delinquent taxes not later than eighteen (18) months following date of delinquency. Section 4. County may collect taxes. The town may contract with the county for the collection of town taxes in accordance with general law. [As amended by Priv. Acts 2014, ch. 75] ARTICLE X TOWN COURT Section 1. Town court established. A Town Court is hereby established and granted jurisdiction over all infractions of municipal ordinances of the Town of Altamont. Section 2. Appointment, qualifications, oath, compensation, and restrictions on the office of Town Judge. The Town Judge shall be appointed by the Town Council at the first regular meeting in December following the regular town election in November of each even numbered year and shall serve until the first regular meeting in December following the next general town election or until his successor is appointed and has taken his oath of office. Qualifications for the Town Judge shall be established by ordinance by the Town Council. The Town Judge shall be eligible for re-appointment. He shall take the same oath required of the Town Council. The Council shall establish the compensation of the Town Judge by ordinance. The Town Judge shall not be eligible to hold elective offices or employment for the Town of Altamont. Section 3. Duties and powers of the Town Judge. The Town Judge shall try all persons charged with violations of the ordinances of the town. He shall have the power to levy fines, penalties and forfeitures in accordance with such offense and to impose such costs as the Council may by ordinance provide, to issue all necessary process, to administer oaths, and to punish for contempt. Section 4. Court policies and procedures. The policies and procedures governing the day-to-day operations of the court shall be provided by ordinance.

19 C-19 Section 5. Town Judge to be the exclusive judge of law and facts. The Town Judge shall be the exclusive judge of the law and facts in every case before him, and no official or employee of the town shall attempt to influence his decision except through pertinent facts presented in court. [As amended by Priv. Acts 2014, ch. 75] ARTICLE XI MISCELLANEOUS AND TRANSITIONAL PROVISIONS Section 1. Corporate existence, existing ordinances and resolutions. The corporate existence of the Town of Altamont is continued. All existing ordinances, resolutions or other actions of the Town Council not inconsistent with this Charter shall remain in full force and effect until amended or repealed in the manner herein provided. Section 2. Expiration of terms of elected officers. The Town Council in office when this Act is ratified shall continue in office as the Town Council until their successors are elected and qualified. Section 3. Legal effect of this Act. This Act is declared to be a The Charter of the Town of Altamont, and may be read into evidence in all courts of law and equity. All ordinances and resolutions and proceedings of the Town Council created by this Charter may be proven by the seal of the Corporation, attested by the Recorder and, when printed and published by the authority of the Corporation and certified by the Recorder, shall be received into evidence in all courts and places without further proof. Section 4. Severability. If any article, section, subsection, paragraph, sentence, or part of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not effect or impair any other parts of this Charter unless it clearly appears that such other parts are necessarily dependent upon the part or parts held to be invalid or unconstitutional. It is the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence, or part be enacted separately and independently of each other. Section 5. Gender. Wherever, in this Charter, "man, men, him, his" or their related pronouns may appear, either as words or as parts of words, they have been used for literary purposes and are meant in their generic sense to include both female and male. [As amended by Priv. Acts 2014, ch. 75]

20 C-20 PASSED: April 7, s/clyde Shropshire Speaker of the House of Representatives s/w.r. Crabtree Speaker of the Senate Approved: April 7, 1917 s/tom C. Rye Governor

21 C-21 RELATED PRIVATE ACTS PAGE Priv. Acts 1947, ch. 489, "Gasoline Tax"... C-22

22 C-22 CHAPTER NO. 489 House Bill No. 764 (By Bryant of Sequatchie) AN ACT to apportion the Two Cent Gasoline Tax received by Grundy County from the State of Tennessee so as to provide that one-twelfth of said fund shall be set apart for the year 1947 and for each year thereafter and paid to the governing bodies of the incorporated municipalities of Tracy City, Palmer and Altamont, and to provide for the use of the said one-twelfth of the said Gasoline Tax Fund in the said municipalities of Tracy City, Palmer and Altamont. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That out of the Two Cent Gasoline Tax Fund now received by Grundy County from the State of Tennessee that one-twelfth of the said Fund paid to the Trustee of the said County for the year 1947 shall be paid by the said Trustee to the Governing Bodies of the Towns of Tracy City, Palmer and Altamont, on the following basis of apportionment, to-wit: Tracy City, Seventy- Five (75%) per cent of the said one-twelfth; Palmer, Fifteen (15%) per cent of the said one-twelfth; and Altamont, Ten (10%) per cent of the said one-twelfth. SECTION 2. Be it further enacted, That for the year 1947 and each year thereafter the Trustee of the county will take a basis of arriving at the onetwelfth of the said Gasoline Tax Fund going to the said Municipalities the sum received from the State by the said County for the preceding year and shall set up on the books of the Trustee's Office one-twelfth of the said sum for the year 1947 and for each year thereafter, and shall pay the same as herein provided, to the said Governing Bodies of the Municipalities of Tracy City, Palmer and Altamont. SECTION 3. Be it further enacted, That the Governing Bodies of the said Municipalities shall each year lay out and designate the streets, roads and bridges within the said Municipalities where said fund shall be expended and the Governing Bodies of the said Municipalities will cause to be made a record of all funds receved under the provisions of this Act and the same shall be opened to inspection by any party interested. SECTION 4. Be it further enacted, That the Trustee of Grundy County will make the division of this Fund as herein provided and shall pay the same to the Municipalities on or before the 1st day of June of each year, and the first payment under the provisions of this Act shall be made on or before the 1st day of June, 1947.

23 C-23 SECTION 5. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requiring it. PASSED: February 27, s/w.b. Lewallen, Speaker of the House of Representatives. Approved: March 6, s/george O. Benton, Speaker of the Senate. s/jim McCord, Governor.